Can a sacked bridesmaid ever legally recoup their costs?

A sacked bridesmaid wants to know her rights after losing $5000 in wedding costs – before the “bridezilla” turned on her.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise a demoted bridesmaid on what to do about her wedding costs.

QUESTION: My childhood friend asked me to be a bridesmaid at her upcoming wedding around six months ago, and in that time, I’ve spent about $5000 on various things for the wedding, including the dress, shoes and accessories, hen’s night and kitchen tea. However, we had a falling out after my friend turned into a bit of a bridezilla, and now I’ve been demoted from bridesmaid duties. Does she have any obligation to pay me back, or is it a lost cause? – Belle, SA

ANSWER: Belle, we’re sorry to hear you’ve had a falling out with your friend.

Costs for some of the things you paid for might be able to be recovered, however, you’ll likely still be out of pocket to some extent, depending on the agreement you had with the bride.

Verbal contract

If you had an agreement with the bride that you would pay for these items and events upfront, but she would reimburse you for that, then you will be able to ask her for this money.

Even if this agreement wasn’t in writing, this agreement would be a contract which is enforceable under the law.

‘I’ve been demoted from bridesmaid duties. Does she have any obligation to pay me back?’ Picture: iStock

There is a risk that your friend will say that you offered to pay, that it was a gift from you as her bridesmaid, and there was no expectation that she would repay it.

If you don’t have any evidence (such as emails or text messages) that she has agreed to repay you for these items and events, then it will be her word against yours.

Letter of demand

If you did have an agreement that she would pay you back, then you should firstly ask her for the money.

If she refuses, then you can send a letter of demand to her, setting out the amount you are owed, asking that it be repaid within a certain time frame and stating that if it’s not repaid you will take further legal action in court to recover the money.

You should include any evidence you have confirming that she agreed to repay you.

‘You should include any evidence you have confirming that she agreed to repay you'. Picture: iStock

Minor civil action

If there is no response to your letter of demand within 21 days then you can start a minor civil action in the Magistrates Court.

You will be required to complete a formal Claim and Statement of Claim form. There is an online form you can use from CourtSA.

Once the form has been lodged, then you need to serve it on your friend.

You should keep proof that you have served it, such as by sending it via Registered Post and keeping the online tracking number to show it was collected.

If your friend doesn’t respond to the claim within 28 days then you can apply for default judgment without the need for a court hearing.

If your friend does file a Defence, she will need to serve it on you.

A bridesmaid has lost $5000 after being 'demoted'. Picture: iStock

Mediation

The Court may order that you and your friend attend a mediation to encourage a resolution.

If you are not able to reach an agreement you will attend a trial.

A trial for a minor civil claim such as this is less formal than most other courts. Usually, lawyers are not allowed and the parties represent themselves.

This formal process could add further pressure to your friendship, to the point you may not end up as friends at all, so before taking these steps you may want to consider how much the friendship means to you.

Refund option

Finally, if you have retained the proof of purchase of the dress, shoes and accessories and have not worn these then you may be able to request a refund from the store/s you purchased from.

Stores are, however, permitted to have a ‘no refunds’ policy when a customer simply changes their mind about a purchase, as opposed to refunding due to a fault with the item.

You should check the refund policy of the store.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]. Get more from Alison and Jillian on their Facebook page.